Robert Morrow Welch, M.D. v. Simeon Eden McLean, Individually and as Heir to the Estate of Delores McLean, and Simeon Eden McLean, as Next Friend of Jamila Imari McLean and Imani Zakiya McLean, Minors

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-237-CV

ROBERT MORROW WELCH, M.D. APPELLANT

V

SIMEON EDEN MCLEAN, INDIVIDUALLY APPELLEES

AND AS HEIR TO THE ESTATE OF

DELORES MCLEAN, DECEASED, AND

SIMEON EDEN MCLEAN, AS NEXT FRIEND

OF JAMILA IMARI MCLEAN AND IMANI

ZAKIYA MCLEAN, MINORS

------------

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY

------------

OPINION ON REHEARING

------------

We withdraw our opinion and judgment of March 25, 2004 and substitute the following in their place. We grant Simeon Eden McLean’s motion for rehearing1 and deny his motion for en banc rehearing.

Introduction

In…